ELR Citation: ELR 21447
No(s). RJI 01-91-ST2872 (N.Y. Sup. Ct. Sep 3, 1991)

The court upholds the state of New York's decision to adopt the strict motor vehicle emission controls known as the California standards. The New York Department of Environmental Conservation (DEC) adopted regulations requiring that as of 1993 all new motor vehicles sold in the state comply with the stricter California emission standards. The court first holds that adoption of the California standards need not be addressed by the state legislature rather than the DEC. The DEC is expressly authorized to issue extensive regulations limiting motor vehicle emissions, including adoption of the California standards. The court next holds that the DEC substantially complied with the State Administrative Procedure Act in issuing the regulations. Petitioners allege that the DEC violated the Act by failing to publish a notice of revised rulemaking based on alleged substantial changes from the proposed rule to the final rule. The court observes that most of the changes were requested by the petitioners, and holds that the petitioners lack standing to challenge other changes. The court holds that other revisions were not substantial and thus do not require a notice of revised rulemaking. The court also holds that the DEC complied with the State Environmental Quality Review Act (SEQRA). Petitioners have standing to challenge DEC's decision not to prepare an environmental impact statement (EIS) under SEQRA based on petitioners' allegations that the regulations may actually increase ozone and carbon monoxide pollution levels. However, the court holds that the DEC took the required hard look at the environmental issues and provided a reasonable basis for its decision not to prepare an EIS. The DEC reasonably determined that use of California certified cars would not increase the levels of any air contaminants or lead to increased fuel use.

Counsel for Petitioners-Plaintiffs
Anthony R. Palermo, William H. Helferich III
Harter, Secrest & Emery
700 Midtown Tower, Rochester NY 14604
(716) 232-6500

William H. Crabtree, Vice President and General Counsel
Motor Vehicle Manufacturers Association
7430 2nd Ave., Ste. 300, Detroit MI 48202
(313) 872-4311

Counsel for Respondents-Defendants
Robert Abrams, Attorney General; Joan Leary Matthews
State Capitol, Albany NY 12224
(518) 474-2121